How to obtain Letters of Testamentary or Letters of Administration in Mississippi is a frequently asked question. A bank or other third party will frequently tell the individual that letters of testamentary or letters of administration are necessary before accessing or providing information regarding a deceased person’s account. The customers want to know how quickly they may obtain this “letter” to use the money. Seek help from an attorney experienced in probate estate administration.
In the traditional sense of the word, letters such as letters of testamentary and letters of administration are not actual letters. They are court-issued records related to the probate process. These records indicate to 3rd parties that the court is in charge of the estate. The document is “Letters Testamentary” if the deceased had a legal Mississippi Last Will and Testament. The legal document is known as the “Letter of Administration” if there is no will.
Establish whether Letters of Testamentary or Letters of Administration are required as a first step. A low-level bureaucrat at a financial institution unfamiliar with the subtleties of Mississippi law is frequently the person the client deals with. Letters of Administration or Letters of Testamentary may not be required in particular situations if there is an alternative to probate.
If letters are required, probate will be required for the estate. The client cannot stop there, even though the Letters are provided quite early in the process. The customer will have sworn an oath to properly administer the estate after the estate has been opened with the court. To close the estate, additional paperwork must be submitted to the court, inventories must be recorded, and creditors must be contacted. The court will hold the client accountable for failing to carefully see the estate through to completion.
Establishing a Testate Estate
In Mississippi, the following papers are normally needed to start a testate estate:
- First Last Will and Testament
- A Civil Cover Sheet Waiver and
- Joinders by each individual listed in the will.
- A Petition for Probate of Will and
- Issuance of Letters Testamentary.
The Intestate Estate’s opening
Due to the lack of a will to establish, the paperwork for an intestate estate is slightly different. It is also essential to file an heirship suit (described above) to determine who will receive a share of the decedent’s estate. Although the heirship lawsuit may be filed before or during the administration of the estate, it is often started when the estate is first opened. To start an intestate estate, the following papers are typically necessary:
- A request for the issuance of administrative letters
- A Civil Cover Sheet for a Petition to Establish Heirs
- Each heir-at-law waives and joins.
